Applying for an intervention order

Applying for a personal safety intervention order is a serious matter. You should contact the police if you are in immediate danger or feel unsafe.

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See the family violence website to make an application for an intervention order against a family member, partner or ex-partner.

Court can be a complex process. The steps below provide general information about applying for a personal safety intervention order (PSIO). It does not cover all scenarios.

Not all disputes are suitable for mediation including, but not limited to:

pursuit of predatory type stalking

a real risk of harm, threat or violence

if the police apply for the intervention order.

If your dispute is non-violent, you can try mediation. The Dispute Settlement Centre of Victoria (DSCV) provides a mediation service for people willing to talk about their dispute. See the DSCV website for more information.

If mediation is successful, any existing application for a PSIO may be withdrawn by the DSCV.

If mediation is not successful, an application for a PSIO can be made at your nearest Magistrates’ Court. There is no fee to apply, but you may have to pay legal costs if you have a lawyer.

A judicial officer can direct you and the other party to attend a mediation assessment or mediation. The application is generally adjourned in these instances.

STEP 3: Go to the PSIO appointment

Bring your completed personal safety intervention order form to your court appointment. A registrar will type up your application and ask some further questions. Give the registrar as much information as you can. This may include the dates of any incidents and the address of the respondent.

You will be asked to read over the typed application and sign it to promise it is true and correct.

If your application is approved, you will receive a copy - called an application and summons. This document will tell you the date and place of your PSIO hearing.

A registrar may refuse an application if it is made in bad faith, is an abuse of the process or made to cause annoyance, frustration or worry to the respondent. Refer to the Personal Safety Intervention Orders Act 2010 for more information.

STEP 4: Informing the respondent

If an application and summons has been issued, the police will serve a copy of the application on the respondent. You can contact the Magistrates’ Court where the application was filed to see if the respondent has been served.

STEP 5: Go to court

It is important to go to court for the PSIO hearing. Your application may be dismissed if you do not go. You should plan to be at court all day. If the respondent has been served and does not come to court, an order can be made in their absence.

A judicial officer may make a final or interim PSIO if the:

the respondent has committed certain behaviours against you – called prohibited behaviours

the respondent’s behaviour is likely to happen again

you fear for your safety

the respondent has stalked you and is likely to do so again

If a PSIO is made, the judicial officer will read the conditions of the order out in court. A registrar will give you a copy of the PSIO after the hearing.

A judicial officer can direct you and the other party to attend a mediation assessment or mediation. The application is generally adjourned in these instances.

If the application is rejected by a magistrate, you can appeal to the County Court of Victoria. See the appeals and rehearing’s page for more information.

If the application is rejected by a judicial registrar, an application for review can be made to have the matter reheard by a magistrate. Contact the Magistrates’ Court for more information.

What happens next

The respondent can agree to a PSIO but disagree to what was said in the application. This is called consent without admission of the allegations.

The respondent can also contest the making of a PSIO. If this occurs, you will need to attend court for a contested hearing. At the hearing, a judicial officer will hear evidence from witnesses and decide whether a PSIO is made. If you have witnesses, you should arrange for them to be at the hearing.

If a PSIO is made and the respondent breaks the order, they can be charged by the police. This is called a breach. You should contact the police immediately if this occurs.

A PSIO is in effect until it expires or it is cancelled by a judicial officer. See the changing an intervention order page for more information.

Checklist

Contact the police if you are in immediate danger or feel unsafe

If your dispute is non-violent, try mediation at the Dispute Settlement Centre of Victoria.

Book an appointment for a personal safety intervention order application at your nearest Magistrates’ Court

Complete an application for a personal safety intervention order form.